Interpretation

Marginal note:General Principle

1.04 (1) These rules are intended to provide for the just determination of every criminal proceeding, and shall be liberally construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.

Marginal note:Matters Not Provided For

(2) If matters are not provided for in these rules, the practice shall be determined by analogy to them.

Marginal note:Party Not Represented by Counsel

(3) If an accused is not represented by counsel, anything that these rules require or permit counsel to do shall be done by or on behalf of the accused.

Application of code provisions

Forms

1.06 The forms set out in the schedule shall be used when applicable and with such variations as the circumstances require.

Rule 2 — Non-Compliance with the Rules

Effect of non-compliance

2.01 A failure to comply with these rules is an irregularity that does not render a proceeding or a step, document or order in a proceeding a nullity, and the court

(a) may grant all necessary amendments or other relief in accordance with rule 2.02, on any terms that are just, to secure the just determination of the real matters in dispute; or

(b) only if and as necessary in the interests of justice, may set aside the proceeding or a step, document or order in the proceeding in whole or in part.

Court may dispense with compliance

2.02 The court may, only if and as necessary in the interests of justice, dispense with compliance with any rule at any time.

Rule 3 — Time

Computation

3.01 (1) In the computation of time under these rules or an order, except if a contrary intention appears,

(a) if there is a reference to a number of clear days or “at least” a number of days between two events, in calculating the number of days, there shall be excluded the days on which the events happen;

(b) if a period of less than six days is prescribed, holidays shall not be counted;

(c) if the time limited for the doing of a thing expires or falls on a holiday, the thing may be done on the day next following that is not a holiday; and

(d) service of a document made after 4 p.m., or at any time on a holiday, shall be deemed to have been made on the next day that is not a holiday.

(2) If a time of day is mentioned in these rules or in any document in a proceeding, the time referred to shall be taken as the time observed locally.

Extension or abridgment

Marginal note:General Powers of Court

3.02 (1) Subject to subrule (3), the court may by order extend or abridge any time prescribed by these rules or an order in accordance with rule 2.02, on such terms as are just.

(2) An application for an order extending time may be made before or after the expiration of the time prescribed.

Marginal note:Consent in Writing

(3) Any time prescribed by these rules for serving, filing or delivering a document may be extended or abridged by consent in writing endorsed on the relevant document by the party to whom the document is intended, or in such other form as a judge may direct.